Environmental Protection Agency July 15, 2005 – Federal Register Recent Federal Regulation Documents

In accordance with section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (CERCLA) and section 7003 of the Resource Conservation and Recovery Act (RCRA), the EPA is hereby providing notice of a proposed administrative de minimis settlement concerning the Casmalia Disposal Site in Santa Barbara County, California (the Casmalia Disposal Site). Section 122(g) of CERCLA provides EPA with the authority to enter into administrative de minimis settlements. This settlement is intended to resolve the liabilities of 26 settling parties for the Casmalia Disposal Site under sections 106 and 107 of CERCLA and section 7003 of RCRA. These parties are identified below. For most of the parties, the settlement will also resolve the Casmalia Disposal Site-related liability for response costs incurred or to be incurred, and potential natural resource damage claims, by the United States Fish and Wildlife Service, the National Oceanic and Atmospheric Administration, and the United States Air Force. The settling parties sent a combined total of 16,732,348 lbs. of waste to the Site and will pay a combined total of $1,860,343 million to EPA, $386 to the U.S. Air Force, $983 to the U.S. Fish & Wildlife Service, and $83 to the National Oceanic and Atmospheric Administration. These parties had received settlement offers from EPA in 1999 or 2000 but raised questions regarding their settlement which have since been resolved. EPA is simultaneously publishing another Federal Register notice relating to another settlement with de minimis parties that received settlement offers in April 2005. Settling Parties: The parties to this settlement are: A.O. Smith Corporation, Angelus Block Company, Chase Bros Dairy, City of Huntington Beach, City of Lompoc, City of Newport Beach, City of Santa Monica, City of Signal Hill, Crenshaw Christian Church of Los Angeles, Emery Air Freight, Kaiser Foundation Health Plan, Luxfer Inc., MAFCO/ Pneumo Abex, Martinez Shopping Center, Maywood Village Square L.P, Pacific Racing Association/Golden Gate Fields, Pasadena Center Operating Company, Phil Wood, Inc., Philip Morris Industrial, Quintec Manufacturing, Saddleback Valley Unified School District, Sares Regis, Temple Inland, The Coca Cola Company, Walter Buell Trust, and World Oil Company.

In accordance with section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (CERCLA) and section 7003 of the Resource Conservation and Recovery Act (RCRA), the EPA and the State of California's Department of Toxic Substances Control (DTSC), Regional Water Quality Control Board (Regional Board) and Department of Fish and Game (DFG) (jointly referred to as the State Regulatory Entities), are hereby providing notice of a proposed administrative de minimis settlement concerning the Casmalia Disposal Site in Santa Barbara County, California (the Casmalia Disposal Site). Section 122(g) of CERCLA provides EPA with the authority to enter into administrative de minimis settlements. This settlement is intended to resolve the liabilities of 257 settling parties for the Casmalia Disposal Site under sections 106 and 107 of CERCLA and section 7003 of RCRA. These parties are identified below. Some have elected to resolve their liability with the EPA, some with the State Regulatory Entities, and some with both. Most of those resolving their liability to the EPA have also elected to resolve their liability for response costs and potential natural resource damage claims by the United States Fish and Wildlife Service (USFWS) and the National Oceanic and Atmospheric Administration (NOAA). The settling parties sent 49,991,889 lbs. of waste to the Site, which represents 0.089% of total Site waste. These parties will pay over $4.3 million to EPA. EPA is simultaneously publishing another Federal Register Notice relating to another settlement with de minimis parties that had received offers prior to the group of parties listed in this Notice. Settling Parties: Parties that have elected to settle their liability at this time are as follows: ABC Unified School District, AC Transit, Acme Printing Ink Company, Acromil Corporation, Aerocraft Heat Treating Company, Allied Steel Company, Inc, Amberwick Corporation, American Fence Company, American Metal Bearing Company, Ampex Corporation, Anillo Industries, Inc., Apache Plastics, Arcadia Inc., Arlen J. Richman and Emily J. Richman, Armored Transport Inc., Arvin Industries, Astro Seal, Bakertanks Inc., Behr Process Corporation, Bell Industries, Benco Sales, Benmatt Industries, BMW of North America, Bourns, Inc., Bristol Industries, Bryan's Cleaners and Laundry, Builders Fence Company, Burke Industries, C & H Development, CACO Pacific Corporation, Cal Coast Acidizing Svc., California Domestic Water, California Institute of the Arts, California Oils Corporation, Campbells Soup Company, Carlin Foods, Carpenter Technology Corporation, CB Richard Ellis, C-Brite Metal Finishing, Central Chevrolet, Century Wire & Cable, Cerro Metal Products, Certified Enameling, Chief Auto Parts, Cintas Corporation, City of Anaheim, City of Corona, City of Hayward, City Of Orange, City of Santa Clara, City of Santa Rosa, City of Upland, Clayton Industries, Clean Seas, Coast Plating, Colonial Engineering, Comstock Crosser & Associates Development Company, Connell Processing Inc., Continental Acrylics, Continental Pacific Bank/Bank of the West, Contra Costa Water District, Coronet Manufacturing, Cor-Ray Painting Company, County of Fresno, County of San Mateo, Court Galvanizing, Inc., Crockett Container Corporation, D.W. Cruiso Jr.,/ R.W. Poole, DAH Incorporated, Deft Inc., Del Monte Foods, Dewey Pest Control, Dickson Testing Co., Donrey Media Group, Dover Corporation, Drackett, Inc., Dunkel Brothers Trucking, Easton Sports, Eberhard Roofing, Ecodyne Corporation, Econolite Control Products Inc., Eemus Manufacturing, Esterline Technologies, Excal Inc., Fillmore Piru Citrus Association, Fipp Investments, Fisher Development, Fitzgerald Trucking/ Fitzgerald Property, Fleet Services Inc., Flint Ink Corporation, Foothill Beverage Company, Fortifiber Corporation, Foster Farms, Gannett Co., Inc., Gans Ink & Supply, Gardenia Foods Company, Inc., General Magnaplate, Good Samaritan Hospital, Great Western Carpet Cushion, Grindley Manufacturing, Griswold Industries, Inc., Grossmont Union High School, GWF Power Manufacturing Systems LP, Gwynn Chevrolet, H.B. Fuller Company, H.F. Cox Petroleum Transportation, Hallmark Circuits, Hampton Farming Company, Handcraft Tile, Harris Corporation, Hartwell Corporation, Hawker Pacific Aerospace, Henry Wong & Tom Pon, Heublein Inc., Hexcel, Hill Brothers Chemical Company, Home Depot, Home Motors, Howard Petersen, Huntington Beach Unified School District, Hyatt Die Cast & Engineering, Illinois Tool Works, Indasco, Inc., Industrial Property Management, Ink Systems Inc., Integrated Device Technology, International Carbonics, International Electronic Research Corporation, Irvine Company, J.C. Carter Company, Jaco Oil Company, Jeffries Bank Notes, Johanson Dialectrics, John H. Harland Company, Johnson & Johnson, Johnson And Turner Painting Company, Jorco Chemical Co., Kal Kan Foods, Kaufman & Broad Homes Corporation, Kaynar Technologies, Kemira Chemicals, Inc., Keystone Shipping Company, Kimberly-Clark Corporation, KOH Atlas Corporation, L3 Communication Corporation, LeFiell Manufacturing, Leviton Manufacturing Company, Lithotype Company, Inc., Lost Arrow Corporation, Lucky Stores, Inc., Lustre Cal Nameplate, Magellan Aerospace, Malcolite Corporation, Marcel Electronics, Master Builders, McGean Rohco, Mentor Corporation, Mercury Services, Metropolitan Water District of Southern California, Micro Matic USA, Inc., Micro Metals, Midway Drilling, Miller Castings Company, Mills Iron Works, Modesto Irrigation District, Monterey Mushrooms, Inc., Multek Inc., Multichrome Company, Murco Development, Nabisco, Inc., Newman & Sons, North American Chemical Co., Nu-Metal Finishing Inc., Oakland Acura, Ohio Casualty Insurance Company, Ohmega Technologies, Orange Line Oil Company, Pacific Coast Building Products, Pacific Coast Producers, Pacific Radiatior Service, Pacifica Real Estate Group, Paktank Corporation, Richmond Terminal, Pamarco Pacific, Parco Inc., Pavement Specialists Inc., Pentair Enclosures Group, Peyton Cramer Ford Isuzu, Phylrich International, Pioneer Roofing & Tile, Plan Hold Corporation, Plant Insulation Company, Plato Products, Power-One Inc., Precision Metal Products, Ralph's Grocery Company, Rector Motor Car Company, Reliable Lumber, Inc., Remo Company, Ricoh Electronics, Robertson-Ceco Corporation, Rollins Inc. (aka Orkin Pest Control), Sacramento Housing And Redevelopment Agency, Safe Plating Company, Salk Institute for Biological Studies, San Diego School District, Santa Barbara Cottage Hospital, Santa Maria Public Airport District, Santee Dairies, Saticoy Country Club, Schlosser Forge, Sealed Air Corporation, Selman Chevrolet, SGL Technic, Inc., Shea Homes, Size Control Plating Co., Inc., Spectra-Tone Paint Corporation, SummerHill Homes, Sunny Distributors, Surface Protection Industries, Sutter Health, Swedlow Inc., Systron Donner, Tech-Etch Inc., Techni-Cast Corporation, The Flood Company, The Pervo Paint Company, The Stanley Works, Thorco Industries, Toppan Electronics, Twenieth Century Fox Film Corporation, U.S. Prefinished Metals, Unifirst Corporation, Union Bank of California, Union Tank Car Company, Universal Alloy, Universal Studios, Inc., U.S. Rentals, Utility Trailer Manufacturing, Valley Brass Foundry, Valley Todeco, Vancon Construction, VANS Inc. f/k/a Van Doren Rubber Company, Ventura Coastal Corporation, Ventura Regional Sanitation District, Vernon Leather Company, Viacom Inc., Village Car Wash, Volkswagen of North America, Wacker Corporation, Wakefield Thermal Solutions, Waller, Robert A., Wedgstone Automotive, West Contra Costa County Sanitary Landfill, Western Boat Operators, Western Oilfields Supply, Wynn International, Yellow Freight Lines.

The Science Advisory Board (SAB) Regulatory Environmental Modeling (REM) Guidance Review Panel will hold a public teleconference to discuss its draft peer review report of the Agency's Draft Guidance on the Development, Evaluation, and Application of Regulatory Environmental Models, dated November 2003 (referred to here also as the Draft Guidance), and the Models Knowledge Base related to modeling activity within the EPA.

In accordance with section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a notice of receipt of an irrevocable request by a registrant to voluntarily cancel a certain pesticide registration.

EPA expressed environmental concerns about the proposed project regarding road deicers, the long-term fate and transport of sediment, water and air quality impacts, the indirect and cumulative impacts of growth, and environmental justice issues; and believes that a decision on whether the project is intended to accommodate short or long-term transportation needs should be made before a preferred alternative is identified. Rating EC2. EIS No. 20050127, ERP No. D-AFS-F65055-MI, Hiawatha National Forest, Proposed Land and Resource Management Plan, Forest Plan Revision, Implementation, Alger, Cheboygan, Chippewa, Delta, Luce and Mackinac Counties, MI. Summary: EPA has no objections to the proposed action. Rating LO. EIS No. 20050136, ERP No. D-AFS-J67932-CO, Dry Fork Federal Coal Lease-by-Application (COC-67232), Leasing Additional Federal Coal Lands for Underground Coal Resource, Special-Use-Permits and U.S. Army COE section 404 Permit, Grand Mesa, Uncompahgre and Gunnison National Forests, Gunnison County, CO. Summary: EPA expressed concerns regarding reducing impacts from roads to habitat, soil erosion and maintaining a buffer between the mining area and the West Elk wilderness area. EPA also expressed concerns about potential wetland impacts caused by mine subsidence. Rating EC2. EIS No. 20050174, ERP No. D-FHW-J40170-CO, I-25, Valley Highway Project, Transportation Improvement from Logan to U.S. 6, Denver County, CO. Summary: EPA has environmental concerns about the proposed project related to the lack of improvements to pedestrian access to commercial areas, the compatibility of ramp and arterial improvements with multimodal transportation development, and bicycle and pedestrian safety at intersections. EPA also recommends improvements to the air quality analysis. Rating EC2. EIS No. 20050175, ERP No. D-FHW-K40258-CA, Campus Parkway Project, Proposes to Construct a New Expressway from Mission Avenue Interchange and Yosemite Avenue/Lake Road, U.S. Army COE Section 404 Permit, City of Merced, Merced County, CA. Summary: EPA has environmental concerns about the proposed project regarding logical termini, alternatives, connected actions, air quality, cumulative impacts to waters of the U.S., and growth-inducing impacts. EPA recommends that FHWA clearly explain the traffic benefits of the project. Rating EC2. EIS No. 20050181, ERP No. D-FHW-D40184-MO, MO-34, Corridor Improvements, from intersection of US Routes 60/21 in Carter County to the intersection of Routes 34/72 in Cape Girardeau County, Funding, U.S. Army COE Section 404 Permit, Carter, Bollinger, Reynolds, Wayne, and Cape Girardeau Counties, MO. Summary: EPA has environmental concerns about the proposed project related to impacts to streams and 4(f) resources. EPA is also concerned about the uncertainty of potential issues that could arise between now and the projected construction start date, estimated to be at least 10 years. Rating EC2. EIS No. 20050182, ERP No. D-FRC-J03018-00, Piceance Basin Expansion Project, Construction and Operation of a New Interstate Natural Gas Pipeline System, Wamsutter Compressor Station to Interconnections Greasewood Compressor Station, Rio Blanco County CO and Sweetwater County, WY. Summary: EPA expressed environmental concerns about water and air quality impacts and the need to assess impacts from several connected and induced actions. Rating EC2. EIS No. 20050189, ERP No. D-COE-D36075-PA, The Town of Bloomsburg, Columbia County, Pennsylvania Flood Damage Reduction Project, Implementation, Integrated Feasibility Report, Susquhanna River and Fishing Creek, Town of Bloomsburg, Columbia County, PA. Summary: EPA expressed environmental concern about wetland and proposed wetland mitigation and roadway relocation impacts; and suggested minimization measures that would reduce project impacts. Rating EC2. EIS No. 20050197, ERP No. D-TVA-E65073-TN, Watts Bar Reservoir Land Management Plan, Update 1988 Plan to Reflect Changing Community Needs, Loudon, Meigs, Rhea and Roane Counties, TN. Summary: EPA expressed environmental concern related to impacts associated with the development/recreation alternative. Rating EC1. EIS No. 20050163, ERP No. DS-STB-J53005-00, Powder River Basin Expansion Project, New Information on SEA's Independent Analyses Four Issues Remanded by the ``8'' Circuit Court of Appeals, Finance Docket No. 33407Dakota, Minnesota, Eastern Railroad, SD, WY and MN. Summary: EPA expressed environmental concern about apparent contradictions between statements in the Final Environmental Impact Statement and the Draft Supplemental EIS. EPA is also concerned that the assumptions made for air quality modeling for coal usage and the long-term projections of air quality impacts that were not in concert with the expected life of the rail project or the potential production life of Powder River Basin coal in eastern Wyoming. Rating EC1.

EPA is taking direct final action to correct, amend, and revise certain provisions of the Highway Diesel Rule adopted on January 18, 2001 (66 FR 5002), and the Nonroad Diesel Rule on June 29, 2004 (69 FR 38958). First, it makes minor corrections to clarify the regulations governing compliance with the diesel fuel standards. These minor corrections focus primarily on the Nonroad Rule, however, some may affect provisions contained in the Highway Rule that were overlooked at the time the Nonroad Rule was finalized. Second, it amends the designate and track provisions to account for companies within the fuel distribution system that perform more than one function related to fuel production and/or distribution. This will alleviate the problem of inaccurate volume balances due to a company performing multiple functions. Finally, with respect to the generation of fuel credits, it revises the regulatory text to allow refiners better access to early highway diesel fuel credits. The intention of this amendment is to help ensure a smooth transition to ultra low-sulfur diesel fuel nationwide.